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(영문) 창원지방법원 2019.05.31 2019고단279

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On January 26, 2019, the Defendant: (a) around 03:17, 2019, around 03:17, the Defendant opened a corrected entrance and intruded into “D” operated by the injured party C; (b) opened a cooling house and opened a cooling house in the same place; and (c) opened one chip tank equivalent to KRW 50,000, the market price of the injured party’s ownership.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

The Defendant, from January 25, 2019 to 18:55 on the same day, from around 18:43, 2019 to around 18:45, the first floor of the apartment commercial building in Kimhae-si, Kimhae-si, using the gap in surveillance over the surrounding areas, brought one color-raising 1,10,000 won of the market price, which was entered in the “G store operated by the victim F,” and brought one color-raising 1,000 won of the market price, which is equivalent to KRW 6,00,000 of the market price. The Defendant, from around 18:43, 201 to 18:5,00,00 of the market price of the “I” clothes operated by the victim H, brought 1,538,00,000 won of the market price at the outside of the clothing store operated by the victim J.

Accordingly, the Defendant stolen the total amount of KRW 904,000, which is the market price owned by the victims.

Summary of Evidence

"2019 Highest 279"

1. Defendant's legal statement;

1. C’s statement;

1. CCTV closure photographs "2019Nomen424";

1. Defendant's legal statement;

1. Each statement of H, F, and J;

1. Application of Acts and subordinate statutes governing photographs of damaged articles;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Probation Criminal Act: The defendant recognized all of the crimes of this case and repented, the damaged goods have been recovered from small amount of damage and partial damage, and the defendant seems to have shown his age yet.